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HomeMy WebLinkAboutMinutes City Council - 03/31/1982MINUTES REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS MARCH 31, 1982 2:00 P.M. PRESENT: Mayor Luther Mayor Pro Tem Betty N. Turner Council Members: Bob Gulley Herbert Hawkins, Jr. Cliff Zarsky ABSENT: Council Members: Jack K. Dumphy Charles W. Kennedy Ocut- City Manager Edward A. Martin Assistant City Attorney Jay Doegey City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Major A. C. Ross of the Salvation Army, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cliff Zarsky. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones noted the issuance of the following proclamations: 1. "NAVY RELIEF FESTIVAL DAYS" - April 3 and 4, 1982 2. "CORPUS CHRISTI INDUSTRIAL WEEK" -;;April 1 - 7, 1982 3. "THE WEEK OF THE YOUNG CHILD" - April 4 - 10, 1982 4. "DICK CONOLLY DAY" - April 1, 1982 5. "MEDIC ALERT WEEK" - April 4 - 10, 1982 A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular Council Meeting of March 17, 1982 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. NOROFILMED SIP 191984 Minutes Regular Council Meeting March 31, 1982 Page 2 * * * * * * * * * * * * * * Mayor Jones then administered the Oath of Office to the following new appointees to City boards: BUILDING STANDARDS BOARD: Mr. George Manning Mr. William "Bill" Coen SR. COMMUNITY SERVICES ADVISORY BOARD Mrs. Mattie Martin Mayor Jones then presented retirement plaques to the following employees: Employee Department Position Years of Service , Eloy I. Almaraz Fire Firefighter II - 27 Jesse F. Rollins Fire Captain 32 Charles M. Walker Fire Firefighter II 27 Phyllis S. Burson Library Director 28 Mary S. Fisher Library Assistant I 16 Mayor Jones called for confirmation of actions taken during the Workshop Meeting of March 31, 1982 as follows: NOTE: Mayor Pro Tem Betty Turner departed the Council table during this discussion of the following item. The general concept for a condominium and private marina project on Corpus Christi Beach be approved and the staff be authorized to continue discussions with the developers including submission of necessary Army Corps of Engineers permit applications. A motion was made by Council Member Gulley that the foregoing action be confirmed; seconded by Council Member Hawkins; and passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting "Aye"; Turner abstaining; Dunphy and Kennedy "absent." * * * * * * * * * * * * * Mayor Jones called for consideration of the following actions to be approved by one motion: 1. The Van Galen Drainage System Phase III project lie accepted and final payment of $22,440.80 be made to H 4 H Concrete Construction Company for a total of $156,974.60. The project provided for the construction of approximately 780 linear feet of 8' x 4' reinforced concrete box and approximately 1,400 linear feet of reinforced concrete pipe ranging from 15" diameter to 48" diameter in an area north of Glenoak Drive. A portion of the project was constructed through a future subdivision, South Sea Islands Unit 2, with the developer, JaCom - Builders, Inc., contributing $28,000 to supplement 1977 bonds to fund the project, which was awarded November 4, 1981. This is the last phase of the Van Galen Drainage System and completes the project in accordance with the scope of the 1977 bond program. .tes Regular Council Meeting March 31, 1982 Page 3 2. The Old Brownsville Road Culvert project be accepted and final and total payment of $40,624 be made to E. J. Netek Construction Company. This project provided for the installation of an 8' x 6' box culvert under Old Brownsville Road which the City was obligated to construct in accordance with the recently approved Sitterle agreement regarding the development of the 113 -acre 100 South Padre Business Park to be constructed in the Old Brownsville Road, South Padre Island Drive and Bear Lane area. The project was funded from 1977 bonds and was awarded February 3,'1982. 3. The contract for construction of Project between Everhart Road and complete and final payment of $49 Inc. for a total of $544,010.65. 1977 Voluntary Paving Program and 1981. the Cain Drive Street Improvements South Staples Street be accepted as ,770.52 be made to Heldenfels Bros., The improvements were part of the the contract was awarded on July 29, 4. Soft ray safety glass for fifteen 1976 model transit buses -be purchased from Curved Glass Distributors of Derby, Conn. on the basis of low bid of $8,067.80 less a 1% cash discount if paid in 15 days. Five bids were received. The buses came with lexan or plastic windows. The windows are so scratched that it is difficult to see out of them. The glass windows will be more durable. The purchase is included in the 1981-82 budget. 5. Bids be received April 20, 1982 for approximately 10,000' of 1-3/4", 10,000' of 3" and 2,000' of 5" fire hose for the Fire Dept. The hose is included in the 1981-82 budget. 6. Eighteen replacement and two additional full-size sedans for the Police Uniform Division and two replacement full-size sedans for the Fire Department be purchased from Charlie Thomas Courtesy Ford on the basis of low bid meeting specifications of $192,462.66. The low bid of $175,316 by Creveling Dodge and $185,548 by McKenzie Chrysler -Plymouth did not meet the minimum requirements on wheelbase (112.7" vs. 114"). Funds are available in the 1981-82 budget for this purchase. The two additional sedans are for the five police officers added in the budget to permit reduction of the size of active beats and allow a more rapid response time. Bids were received from four firms. Price comparison shows an increase of approximately 11% since the last purchase in January, 1981. 7. Twenty-seven replacement light duty trucks and vans be purchased as follows on the basis of low bid. Low bids were determined on the basis of price and by estimated fuel cost utilizing EPA mileage rating for the expected life of the vehicles 3/4 ton and less. Tradewinds Ford, Corpus Christi 1 Compact Pick Up, for Maintenance Services 1 3/4 -Ton Pick Up, for Warehouse TOTAL Creveling Dodge, Corpus Christi 16 1 -ton pick up, for Street, Park & Recreation, Water, Vector, Animal & Air Pollution Control, Gas, Marina & Wastewater 1 Compact Pick Up, for Sanitation 3 3/4 -Ton Pick Up, for Park & Street Divisions 3 Vans for Fire, Police & Traffic Engineering Bill Gardner GMC, Corpus Christi 1 1 -Ton Pick Up, for Gas 1 Compact Pick Up, for Equipment Maintenance TOTAL GRAND TOTAL $ 7,565.30 8,958.79 $ 16,524.09 114,029.71 6,842.93 25,668.60 27,044.46 $173,585.70 8,493.68 7,085.78 $ 15,579.46 $205,689.25 Price comparison shows an increase of 6% since the last annual bid in June, 1981. These are all replacements and funds are budgeted. Minutes Regular Council Meeting March 31, 1982 Page 4 8. Bids be received April 20, 1982 for the following vehicles included in the 1981-82 budget: a. One additional and six replacement sub -compact sedans. b. Six additional and fifteen replacement compact sedans and two replacement compact station wagons. c. One replacement intermediate sedan and intermediate station wagon. Bids will be solicited on new and used vehicles with the used vehicles required to have less than 20,000 miles and to have had only one owner. The specifications have been written so that the number of vehicles to be purchased can be decreased if further review indicates that some of the vehicles are not needed. (See list of vehicle to be replaced.) 9. A public hearing be held April 14, 1982 on the application of the parents' organization of Wynn Seale Junior High School to change the name of 14th Street, between Staples and Ayers Streets, to Buckaroo Trail. All property owners who have buildings that back onto this street have agreed to the name change, and all affected utility companies and City departments have agreed to the change with the exception of the Traffic and Transit Department which has expressed concern that approval of this request may establish a precedent and result in similar requests from at least eleven other junior high schools. City Secretary Read informed. the audience that these items had been discussed during the morning Workshop Meeting, and if no one in the audience desired to speak on the items, a motion would be in order to approve them. Mayor Jones ascertained that no one in the audience wished to speak on these items. A motion was made by Mayor Pro Tem Turner that items 1 through 9 be approved; seconded by Council Member Gulley; and passed unanimously. City Secretary Read presented eight new ordinances to be considered by the Council. A motion was made by Council Member Gulley to call for these ordinances, seconded by Mayor Pro Tem Turner and passed unanimously. Council Member Gulley suggested that the public hearings on zoning applications be set for 2:30 p.m. rather than 3:30 p.m. in the future since with the consent agenda the meeting is over much quicker than ordinarily. The other Council Member indicated their concurrence. Mayor Pro Tem Turner explained to the audience that the Council is operating under a new format by which they will approve a consent agenda. * * * * * * * * * * * * * Mayor Jones called for the ordinances. City Secretary Read explained the procedure for voting on the ordinances, rtes Regular Council Meeting March 31, 1982 Page 5 noting that it will be necessary to delay action on the zoning ordinances, since the public hearings have not been held. Council Member Hawkins referred to the ordinance pertaining to Central Power and Light Company's request for a rate increase and suggested that an indemnification for cititzens be included in the ordinance for citizens to collect from the construction cost incurred by Brown & Root in view of the fact that Central Power and Light Company has a lawsuit against that construction company and noting that the citizens should benefit from any cost recovery made by CP&L. A motion was made by Council Member Hawkins that a provision be added that the City will join in the lawsuit with Central Power & Light Company against Brown & Root Construction Company to seek indemnification for any construction costs that are recovered by Central Power & Light Company as a result of their lawsuit. - Council Member Zarsky suggested that this be an agenda item next week so that proper legal notice may be posted before action is taken. Mayor Jones agreed that this should be on the agenda next week. He then suggested that Mr. Rick Mertz, Administrative Assistant in the City Manager's Office, briefly explain the ordinance under consideration. Mr. Mertz addressed the Council and stated that the ordinance will authorize the City of Corpus Christi to participate in this cooperative city effort which includes Texas Municipal League Region 7, Region 12 and Region 11 of which this City is a member. He stated that there are 108 cities in these regions that are served by Central Power & Light Company. Mr. Mertz explained that the City of Corpus Christi would put up approximately $34,700 for the cost of legal counsel and the services of Touche-Ross and Company to act as consultants. Mr. Mertz continued by stating that this action would further authorize the Executive Committee to act on behalf of the cities in this effort. He also explained that any action they take is at the direction of a steering committee and this city is a member of that committee. He stated further that it authorizes the City to intervene in the rural rate case so that our consultants can make recommendations in that case that will have an effect on the cities. Mayor Pro Tem Turner inquired as to when the recommendations of the committee will be made public and Mr. Mertz replied that it will be 45 to 60 days and those findings will be made available to all cities that are Minutes Regular Council Meeting March 31, 1982 Page 6 participating. Mayor Pro Tem Turner then asked how citizens could provide input into this matter, and Mr. Mertz replied that this action suspends the Company's rates for 180 days until the rates have been established by the Public Utility Commission. He stated that there will be a public hearing on this request at which time citizens will have an opportunity to speak. Council Member Zarsky summarized by stating that the City is in effect hiring Touche-Ross to perform a rate review. He asked if their charge was also to make a study of any of the company's operations or if it isdust to study the' numbers presented. Mr. Mertz explained that this has been discussed with Touche-Roes and that several months ago, Touche-Ross approached several cities with a proposal to undertake this type of study for which the cost would be approximately $500,000, and none of the cities approached were financially able to pay that type of fee. He stated that Touche-Ross is now engaged in the study of the rate request. He also commented taht Houston Light & Power Co. has since engaged Touche-Ross to make such a study, but it will not be completed for one or two years. Council Member Zarsky contended that the City should have some way to analyze whether CP&L's standards of efficiency meet the regular business standards. He stated that he felt that a study of this would be very beneficial because the cities have no way of knowing that the Company practices good business methods. Mayor Jones inquired if the City could obtain some comparison on cost of operation of other utility companies, such as those owned by cities. Mr. Mertz stated that Touche-Ross will not undertake that phase of the study at the cost that has been agreed upon. He stated however that as a part of their review, the company does investigate some of the management practices. Mr. Zarsky continued by stating that he deals with some of the electrical engineers who have indicated to him that some CP&L's practices were more expensive than necessary since they have a monolopy and do not have to compete with any other company. He suggested that the City investigate some of the cities that have their own utility companies, such as Austin and San Antonio, to determine what their management costs are, and Mr. Mertz agreed that this could be done. .rtes Regular Council Meeting March 31, 1982 Page 7 Council Member Hawkins returned to his suggestion in regard to the indemnification and suggested that the City investigate any negligence on the part of Brown & Root when they have gone over $1 billion in construction costs for the nuclear plant. Mr. Hawkins expressed the opinion that CP&L should have stopped the construction when they realized how high the overrun costs incurred by Brown & Root were. Council Member Gulley commented that CP&L is requesting a blanket increase all over their system, and it is a well known fact that it is cheaper to provide electricity within a city rather than outside the city limits. Mr. Mertz agreed and stated that the City of Corpus Christi under that premise went all the way to the Supreme Court following one of CP&L's rate increase requests. Council Member Gulley pointed out that the company has already stated that 95% of the increase request is to pay for the nuclear power plant and no one is even sure that it will ever work indicating this is something that bothers him and many other people. Mr. Mertz agreed that that will be one of the primary issues in this / current request. Mr. Mertz summarized by stating that since this State does have a Public Utility Commission which approves the rates according to the recommendation of their staff, but any information that the cities provide and any protest that they make will be considered by the Public Utility Commission. He noted that the past two rate increase requests have not been granted but instead the Public Utility Commission has established an increase somewhere between what the cities agree to and what the Company requested. Council Member Gulley pointed out that the Public Utility Commission has ruled in the past that utility companies are allowed to charge construction costs for future use to the users. He suggested that possibly this City should look for another electric company to supply power for this City. Mr. Mertz stated that it was his understanding that most states do allow for construction costs to be paid for by the users and City Manager Martin verified that this was true. Mayor Jones called for comments from the audience on the ordinances. Mr. J. E. O'Brien, representing the Corpus Christi Taxpayer's Association, stated that they wanted to go on record supporting the efforts of the City Council to oppose the rate increase request of CP&L. He stated also that he was Minutes Regular Council Meeting March 31, 1982 Page 8 of the opinion that this would be an opportune time to open the question of the fuel pass-through to the customers. He pointed out that Central Power:& Light Company made a net profit last year of $93 million and dividends of $56 million were paid by Central Power & Light Company to investors. He expressed the opinion that if the Company is short of funds, he was of the opinion that they should not pay a dividend but rather should pay some of the costs of building the nuclear power plant. There were no further comments on the ordinances to be voted upon; City Secretary Read polled the Council for their vote; and the following ordinances were approved: FIRST READING: REPEALING ORDINANCE NO. 16892 WHICH AUTHORIZED LEASE AGREEMENT WITH BOB AND NITA CARRELL; AUTHORIZING AN AGREEMENT WITH HENNA CHEVROLET, INC. DBA U -SAVE RENT -A -CAR, AT 613 S. SHORELINE, FOR A THREE YEAR TERM. The above ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent." ORDINANCE 16968: AMENDING ORDINANCE NO. 16401 BY AMENDING THE ASSESSMENT ROLL FOR CAIN DRIVE IMPROVEMENTS AND ADOPTING THE FINAL ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "Absent." ORDINANCE NO. 16969: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR SOUTHERN STREET, FROM OCEAN DRIVE TO SOUTH STAPLES STREET, AND ADOPTING THE ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "Absent." ORDINANCE NO. 16970: AUTHORIZING A CONTRACT WITH KING CONSTRUCTION COMPANY FOR SOUTHERN STREET IMPROVEMENTS AND APPROPRIATING $300,000 FOR THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "Absent." ORDINANCE NO. 16971: APPROPRIATING $5,600 FOR APPRAISAL SERVICES BY THOMAS F. DORSEY IN CONNECTION WITH ACQUISITION OF EIGHT PARCELS FOR THE FIVE POINTS AREA DRAINAGE OUTFALL; AND DECLARING AN EMERGENCY. .tes Regular Council Meeting March 31, 1982 Page 9 ORDINANCE NO. 16972: CLOSING A 20 -FOOT ALLEY IN BLOCK 69, BROOKLYN ADDITION, SUBJECT TO ABUTTING OWNER ARRANGING WITH CENTRAL POWER & LIGHT COMPANY TO RELOCATE THE EXISTING OVERHEAD POWER LINE AT APPLICANT'S EXPENSE; ACCEPTING A GIFT OF 5,138 SQUARE FEET OF LAND FROM DONALD E. HANNA, ET UX, OUT OF LOTS 1, 3, 5, 7 AND 9, BLOCK 69, BROOKLYN ADDITION, ABUTTING TIMON BOULEVARD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "Absent." ORDINANCE NO. 16973: AMENDING THE 1981-82 FIRE PREVENTION BUDGET TO CHANGE JOB CLASSIFICATIONS OF' FIRE INSPECTOR I TO FIRE INSPECTOR II AND FIRE INSPECTOR II TO FIRE LIEUTENANT AS VACANCIES OCCUR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "Absent." ORDINANCE NO. 16974: AUTHORIZING THE CITY'S PARTICIPATION IN A COOPERATIVE EFFORT WITH OTHER CITIES IN THE CENTRAL POWER & LIGHT COMPANY'S SYSTEM RELATING TO CENTRAL POWER & LIGHT'S REQUEST FOR RATE INCREASE; AUTHORIZING A CONTRIBUTION OF 15 CENTS PER INHABITANT ACCORDING TO THE 1980 CENSUS TO THE CONSULTANT'S FUND; AUTHORIZING THE CITY MANAGER TO ACT FOR THE CITY IN THE SELECTION OF AN EXECUTIVE COMMITTEE TO DIRECT SAID COOPERATIVE EFFORT; RATIFYING AND APPROVING SELECTION BY THE EXECUTIVE COMMITTEE OF TOUCHE-ROSS AND COMPANY AS CONSULTANTS AND DON BUTLER AS LEGAL COUNSEL; AND AUTHORIZING SAID LEGAL COUNSEL TO INTERVENE ON BEHALF OF THE CITY BEFORE THE PUBLIC UTILITY COMMISSION ON CENTRAL POWER & LIGHT COMPANY'S. REQUESTED RATE INCREASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "Absent." ORDINANCE NO. 16975: AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 53-257, SCHEDULE VIII, PARKING METER ZONES; REPEALING,ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. (First Reading - 3/17/82; Second Reading - 3/24/82) The above ordinance was read for the third time and passed by the following vote: Jones, Turner, Gulley, 'Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent". ORDINANCE NO. 16976: ESTABLISHING SECTION 53-177 IN CHAPTER 53, ARTICLE V, OF THE CITY CODE ENTITLED LOAD RESTRICTION SIGNS FOR VEHICLES USING CERTAIN STREETS AND ESTABLISHING SECTION 53-258, SCHEDULE IX, IN CHAPTER 53, ARTICLE V, OF THE CITY CODE ENTITLED LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN STREETS. (First Reading - 3/17/82; Second Reading - 3/24/82) The above ordinance was read for the third time and passed by the following vote: Jones, Turner, Gulley,! Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent". Minutes Regular Council Meeting March 31, 1982 Page 10 ORDINANCE NO. 16977: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E.H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., FOR THE ANNEXATION OF 79.59 ACRES OF LAND OUT OF LOT. 1, SECTION 19, BOHEMIAN COLONY LANDS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. (First Reading - 3/17/82; Second Reading - 3/24/82) The above ordinance was read for the third time and passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent". * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. John Stensland, Member of the Marina Advisory Board, referred to the action that the Council decided to take in regard to the new marina and condominium complex on Corpus Christi Beach. He mentioned some of the problems that existed at the Marina in connection with franchises, the sale of shrimp and the plan to move the shrimp boats to another T -Head. Assistant City Manager Tom Utter explained that he will have a full report for the Council next week on this. Mayor Jones asked Mr. Utter about the progress of providing fuel for boats. Mr. Utter agreed that bringing gasoline to boats in cans is a dangerous practice and the staff hopes to have this resolved in the next few weeks. Mayor Pro Tem Turner asked for a status report on the paddle boat restaurant and excursion boat that are to be brought to the City, and Mr. Utter explained that Captain Clark's excursion boat is supposed to be here by May 1. Mrs. Turner expressed concern about all of the traffic that these two new operations will generate and Mr. Utter stated that he did not think there was any need for concern until they determine just how much new traffic will be generated. He stated that the paddle boat restaurant scheduled to be docked at the L -Head is still being considered by the Corps of Engineers and they should have a decision within the next 30 to 45 days. Mayor Pro Tem Turner inquired if the owners had considered using the barge dock for the paddle boat restaurant. Mr. Utter stated that this was considered but the owners wanted to be on the L -Head at the same location that had previously been approved by the City Council for another restaurant that already had an agreement to contract but did not avail themselves of it. Mayor Pro Tem Turner requested a report on this matter, tes Regular Council Meeting March 31, 1982 Page 11 Mayor Jones called for a recess at 3:25 p.m. * * * * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at' 3:32 p.m. and announced the public hearing on five zoning applications. Assistant City Manager Utter announced the public hearing on Application No. 282-2, Mr. James M. Betts, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 36, Block 1, Central Park Unit 1, located at the southeast corner of Gollihar Road and Mokry Drive. He informed the Council that the Planning Commission recommends that the request be denied, but in lieu thereof a special permit be approved for a lawn mower repair shop subject to a site plan with minimum fencing and parking requirements and that the staff recommended denial. He informed the Council that 21 notices of the public hearing were mailed and 8 in favor and 1 in opposition had been returned. Mr. Utter also stated that an acceptable site plan had been submitted. Mr. Larry Wenger, Acting Director of the Planning Department, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the only access will be from Gollihar Road. He informed the Council that the applicant has agreed to the special permit and the staff's recommendation has changed since the site plan was submitted. No one spoke in regard to this application. A motion was made by Council Member Gulley that the hearing be closed; seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the Planning Commission and that the zoning of "8-4" be denied but in lieu thereof a special permit in accordance with the site plan submitted be approved; seconded by Council Member Zarsky and passed by the following vote: Jones, Turner, Gulley, and Zarsky voting "aye": Dumphy and Kennedy "absent"; Hawkins absent from the Council Chamber at the time the vote was taken. * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 282-8, Mr. Vic Cours, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on 2.58 acres out of Nueces River Irrigation Park Annex No. 1 located on the north side of Farm Road 624 approximately 950' east of County Road 69. Minutes Regular Council Meeting March 31, 1982 Page 12 Mr. Utter also announced at the same time the public hearing on Application No. 282-9T, Mr. Vic Cours, to amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.36 setting forth a zoning classification of "8-4" General Business District on approximately 1.30 acres out of Nueces River Irrigation Park Annex No. 1 located 200' north and parallel to FM 624 immediately west of Calallen High School Tract. He stated that these two applications should be considered at the same time. He informed the Council that four notices of the public hearing had been' mailed and none were returned. He stated that the Planning Commission recommends that the "B-4" zoning be denied but in lieu thereof that aa special permit be approved for both of these applications and that the staff is of the opinion that it constitutes strip zoning but,they do concur with the Planning Commission's recommendation for a special permit. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the owner is in the process of annexing the portion outside the city limits. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Gulley and passed unanimously by those present and voting. A motion was made by Council Member Gulley that the Council concur with the recommendation of the Planning Commission and deny the zoning of "B-4" on both of these applications, but in lieu thereof approve a special permit for a banking operation; seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. * * * * * * * * * * * * * Assistant City Manager Utter announced the public hearing on Application No. 382-2, Mr. and Mrs. Joe Mulanax, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 12, Block 1, Carroll Place No. 7 and the east 132' of Lot 5, Section 2, Share 8, Bohemian Colony Lands located on the west side of Carroll Lane and the north side of Holly Road. Mr. Utter stated, that both the Planning Commission and Planning Staff recommend denial of the "B-1" zoning but in lieu thereof that "R-2" Multiple Dwelling District be approved. Mr. Wenger stated that the applicant concurs with the "R-2" zoning. ' Mayor Jones called for comments from the audience on this application. • ,tes Regular Council Meeting March 31, 1982 Page 13 Mr. Dennis Craig Jones, 3602 Tripoli, expressed opposition to this because of the increase in traffic and the numerous traffic accidents that have occurred in this area. He stated that they strenuously object to the business zoning and they are opposed to the "R-2" zoning, but he would prefer that to business zoning. Mr. Wenger explained that "R-2" zoning would allow 14 units per acre so the maximum number of units that could be constructed would be 56 and the structures cannot be more than three stories high. Also speaking in opposition to this were Mr. Xavier Perez, 3201 Capri, and Mrs. Patty Jones, 3602 Tripoli. *Council Member Hawkins returned to the Council Chamber at 3:50 p.m. Mayor Pro Tem Turner expressed the opinion that this property would never be developed as "R -1B" property'and she was of the opinion that "R-2" zoning is the least density under which the property could be developed. Mayor Jones pointed out that if "R-2" zoning is not approved, there will be further pressure for this to be zoned for business. No one else spoke in regard to this application. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Gulley that the Council concur with the recommendation of the Planning Commission and deny the zoning of "B-1" but in lieu thereof approve "R-2" zoning; seconded by Council Member Zarsky and passed unanimously. * * * * * * * * * * * * * Assistant City Manager Utter announced the public hearing on Application No. 382-6, Mr. Irving Braslau,l for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 3, 4, 5, 6 and 7, Block 1, Lexington Park Unit 3 located at the southwest corner of Nile Drive and South Padre Island Drive. Mr. Utter stated that both the Planning Commission and the Planning Staff recommend approval. No one spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Mayor Pro Tem Turner that "8-4" zoning be granted on application No. 382-6; seconded by Council Member Hawkins; and passed Minutes Regular Council Meeting March 31, 1982 Page 14 unanimously. City Secretary Read presented the ordinances effecting the zoning changes approved during the foregoing public hearings. He polled the Council for their vote and the following ordinances were approved: ORDINANCE NO. 16978: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JAMES M. BETTS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A LAWN MOWER REPAIR SHOP ON LOT 36, BLOCK 1, CENTRAL PARK UNIT 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH• IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE; CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent." ORDINANCE NO. 16979: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF VIC COURS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A BANKING OPERATION ON 2.58 ACRES OUT OF NUECES RIVER IRRIGATION PARK ANNEX NO. 1 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent." ORDINANCE NO. 16980: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.36, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID AREA BEING DESCRIBED AS A TRACT OF PARCEL CONTAINING 1.30 ACRES, MORE OR LESS, OUT OF NUECES RIVER IRRIGATION PARK ANNEX 1, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent." ORDINANCE NO. 16981: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MR. AND MRS. JOE MULANAX BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 12, BLOCK 1, CARROLL PLACE #7 AND THE EAST 132 FEET OF LOT 5, SECTION 2, SHARE 8, rotes Regular Council Meeting March 31, 1982 Page 15 ORDINANCE NO. 16981: (Cont'd) BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT, KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent." ORDINANCE NO. 16982: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE, ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF IRVING BRASLAU BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 3, 4, 5, 6 AND 7, BLOCK 1, LEXINGTON PARK UNIT 3, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTIRCT TO "B-4" GENERAL BUSINESS DISTRICT KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Gulley,' Hawkins and Zarsky voting "aye"; Dumphy and Kennedy "absent." * * * * * * * * * * * * * Mayor Jones again called for comments from the audience on matters not listed on the agenda. Mr. Walter Ferias, speaking on behalf of Green's Jewelers' downtown store, stated that they have spent a great deal of money improving their store and invited the Council to come and visit them on April 2nd and 3rd. Mr. Farias, expressed appreciation for what the City Council has done to improve the downtown area. **Council Member Zarsky departed the meeting at 4:12 p.m. Mr. Noe Morin addressed the Council and reminded them that he had opposed a zoning case on Johanna Street for which the applicant was Mr. Joe McComb. He reminded the Council that during that public hearing Mr. McComb had stated that he would not allow trucks to go up and down Johanna Street to his place of busines, yet Mr. Morin said that he had seen an 18 wheeler just recently going past his home to that place of business. He stated that Mr. McComb was in the process of moving to the building and he just wanted to remind the Council that they had instructed Mr. McComb niot to have large trucks going down that street. Mayor Pro Tem Turner stated that she remembered the zoning case and expressed strong support of the prohibition of the -trucks on this street. Mr. Morin suggested that a letter be written by the Mayor to remind Mr. McComb that trucks are prohibited. Minutes Regular Council Meeting March 31, 1982 Page 16 There being no further business to come before the Council, on motion by Council Member Hawkins, seconded by Mayor Pro Tem Turner, and passed unanimously, the Regular Council Meeting was adjourned at 4:16 March 31, 1982. r p.m., I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of February 3, 1982, through February 24, 1982, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. February 3, 1982 - Regular Council Meeting February 10, 1982 - Regular Council Meeting February 17, 1982 - Regular Council Meeting February 24, 1982 - Regular Council Meeting